Bare
v. Liberty Mutual Fire Ins. Co., 1998 MT 106 Supreme Court
affirmed WCC conclusion that WCC lacked jurisdiction to determine claimant's
disability status under the 1989 WCA where claimant had failed to exhaust
the rehabilitation panel procedures under sections 39-71-1012 through
39-71-1033, MCA (1989). The WCC had determined that the Department of
Labor had original jurisdiction to assess return-to-work options for
claimant. If the DOL made a final decision, the WCC had appellate jurisdiction
on challenge of that decision; it had original jurisdiction only when
the DOL determined that none of the statutory return-to-work options
were appropriate. In agreeing, the Supreme Court concluded that the
statutory rehabilitation panel procedures were "dispute resolution
require-ments" under section 39-71-2905, MCA (1989), meaning the
WCC had jurisdiction over the dispute only after those requirements
were satisfied.

Bare
v. Liberty Mutual Fire Insurance Company [7/23/99] 1999 MTWCC 45 Insurer moved to dismiss petition for failure to exhaust administrative
remedies before Rehabilitation Panel. Record indicated that DOL hearing
officer had ruled that Rehabilitation Panel's finding was not supported
by substantial evidence and remanded to the Rehabilitation Panel. Where
claimant did not exhaust remedies before Rehabilitation Panel, petition
dismissed.

Hart
v. State Fund [8/26/96] 1996 MTWCC 58 In case alleging 1995
injury, claimant failed to exhaust contested case procedure before DOL
where he filed appeal from DOL's denial of his request for an extension
of time, but had not requested a hearing on that denial within the DOL.